Public Land Register

Public Land Register – Section 53 Local Government Act

Council is required to keep a register of public lands contained within the local government area, pursuant to Section 53 of the Local Government Act 1993.

The register must include the following:

  • the name (if any) by which the land is known
  • the address or location of the land
  • the reference to title of the land
  • the name of the owner of the land
  • whether or not the land is Crown land
  • the classification under this Part of the land
  • whether or not there is a plan of management for the land
  • the zoning (if any) of the land under an environmental planning instrument
  • particulars of any agreement (including any lease or licence)entered into by the council with respect to the land.

Information Contained in the Register

This register contains a listing of public land, both community and operational, which is owned or in the care and control of Council, including land under lease. The register also contains other local government land that has been excluded from classification eg Crown Land.

This register has been compiled to not only meet the legislative requirements of the Local Government Act 1993, but also to act as a useful reference document for the public, Councillors and council staff, in providing an inclusive overview of all land under Council’s management.

 

Frequently Asked Questions

What is the Land Register?

Council is required to keep a register of public lands contained within the local government area, pursuant to Section 53 of the Local Government Act 1993.

The register must include the following:

  • the name (if any) by which the land is known
  • the address or location of the land
  • the reference to title of the land
  • the name of the owner of the land
  • whether or not the land is Crown land
  • the classification under this Part of the land
  • whether or not there is a plan of management for the land
  • the zoning (if any) of the land under an environmental planning instrument
  • particulars of any agreement (including any lease or licence)entered into by the council with respect to the land.
What IS NOT Public Land?

The following list describes land that is not considered Public Land and the various acts that provide the regulations for this land.

  • Public Roads (Regulated by Roads Act 1993)
  • Crown Lands (Regulated by Crown Lands Act 1989)
  • Commons (Regulated by Commons Management Act 1989)
  • Mechanics Institutes and School of Arts (Regulated by Trustee of School of Arts Enabling Act 1902)
What is Public Land?

All other land controlled by Council is regulated under Section 53 Local Government Act 1993. This land can be classified as either "Community Land" or "Operational Land" by a local environmental plan or council resolution.

Is a Management Plan required?

A management plan is required for public land that has been classifed as Community. This is not a requirement for land classified as operational.

Is landuse restricted?

For public land that has been classified as Community, the use is restricted:

  • Use must not change until a management plan has been adopted
  • Use and managment must be in accordance with:
    • plan of management adopted by Council
    • and provisions of any relevant law

For land classified as operational there are no restrictions

Is disposal restricted?

For land classified as community land:

  • Sale prohibited
  • No lease or licence over 30 years
  • Leases or licences over 5 years may require Minister’s consent if there are objections
  • Leases over 21 years require the consent of the Minister

There are no restrictions on land classified as operational.

Can the land be reclassified?

Land classified as community land can be reclassified by local environmental plan or, in some circumstances, by Council resolution Operational land can be classifed by Council resolution.

Why does public land have to be classified?

All public land vested in a council is to be classified as either “community” or “operational”.

The purpose of classification is to identify clearly that land which should be kept for use by the general public (community) and that land which does not need to be restricted in its use. (operational).

The major consequence of classification is that it determines the ease with which land may be sold, leased, licensed or utilised for other purposes.

Community land must not be sold, except in limited circumstances referred to in s.45(4) of the Local Government Act 1993.

Community land must not be leased or licensed for more than 30yrs. It may only be leased or licensed for more than 5yrs and less than 21yrs, if public notice of the proposed lease or license is given and, in the event that an objection is made to the proposed lease or license, the Minister’s consent is obtained. For any term over 21yrs, the Ministers consent for the issuing of the lease must be obtained. No such restrictions apply to land classified as operational land.

Classification or reclassification of land does not affect any estate or interest a council has in land.

Community land would ordinarily comprise land such as a public park, sportsgrounds and land containing general community facilities such as community halls.

Operational land would ordinarily comprise land held as a temporary asset or as an investment, land which facilitates the carrying out by Council of its functions or land which may not be open to the general public, such as a works depot or a council sewerage treatment plant.

The use and management of community land is to be regulated by a plan of management. Until a plan of management is adopted, the nature and use of the land must not be changed from its current land use.

How is public land used and managed?

The use and management of public land under the Local Government Act 1993, is determined by its classification as highlighted in the section above. The use and management of all public land must take into account:

  • any law permitting the use of the land for a specified purpose or otherwise regulating the use of the land
  • legislation controlling the use of public land such as the Lithgow Local Environmental Plan as in force, and other relevant legislation as listed below:
    • Local Government Act 1993
    • Crown Lands Act 1989
    • Environmental Planning and Assessment Act 1979
    • Threatened Species Conservation Act 1995
    • Native Vegetation Act 2003
    • Fisheries Management Act 1993
    • Noxious Weeds Act 1993
    • Rural Fires Act 1997
    • Federal Environment Protection and Biodiversity Conservation Act 1999
    • Water Management Act 2000
    • Sydney Drinking Water Catchment(SEPP)

Further information regarding these Acts such as specific objectives and principles can be accessed at www.legislation.nsw.gov.au.

However, land that is classified as community, is also required to be used and managed in accordance with a plan of management(POM) applying to the land.

Lithgow City Council adopted its Generic Community Lands Plan of Management(POM) on 16 Dec 2013. This plan allows Council to utilise community land in accordance with its categorisation and enter into agreements on community land in accordance with the requirements specified in the POM. A copy of the POM is available at http://archive.lithgow.nsw.gov.au/documents/GenericCommunityLandsPOM2013.pdf

How to find and use Data within this Register

The Register Summary provides the following information:
Land Area:The total land area of all parcels in the listing
Zoning:  The land use zone applicable to the land under Lithgow LEP 2014
Classification:  The classification of the subject land in accordance with s.25 of the Local Government Act 1993.
Date Classified: Refers to when the land was given its classification either by resolution, via LEP or upon acquisition.
Plan of Management: Provides the name of the Plan of Management or other management document applicable to the land.
Ownership Status:  Identifies the owner of the property.
CT Reference:   Identifies the CT reference for the land and Council’s reference for this document.
Lease/Licence:       Advises whether the land is leased or licensed.
Property Number: The reference number assigned to the land in Councils property system.
Asset Number:   Is the key property reference that is used by this Council to access further information held on Council’s financial, property and operational database about the subject land.

Maintenance of the Land Register

The Land Register contains information that is constantly changing and evolving in line with the implementation of new legislation and ongoing property and land dealings. 

Council has developed a program for maintaining the currency of the Land Register in line with changes to property and other applicable land use databases.  This will enable Council to undertake a review of information contained in the Land Register twice a year to update and add data as required to ensure the currency of the register is maintained and an historical record of changes to the register is retained.

 

How to Obtain Further Information

In accordance with section 54 of the Local Government Act 1993, any person is able to obtain further information about the classification of public land by applying for a certificate of classification.  The following criteria is applicable to such application:

  • The application must be made on the approved form and be accompanied by the applicable fee.
  • The council is to issue a certificate to the applicant stating the classification of the public land as at the date of the certificate.
  • The production of the certificate is taken for all purposes to be conclusive proof of the matter certified.

If a member of the public requires further clarification of the information contained within Councils Land Register, they can contact Councils Land Use and Property Officer for an explanation.

Required information such as Lot DP can be obtained from Council's online mapping system

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